Accord Party presidential candidate, Dr. Gbenga Hashim, has called for the disbandment and reconstitution of the Independent National Electoral Commission (INEC) over its handling of a legal dispute surrounding provisions of the Electoral Act 2026.
Hashim’s demand followed a 16 July 2026 judgement by the Abuja Division of the Court of Appeal, which voided Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act after finding them inconsistent with provisions of the 1999 Constitution, as amended.
The case was instituted by the Zenith Labour Party (ZLP) over provisions relating to political party membership registers and the nomination of candidates.
The Court of Appeal held that legislation could not impose restrictions that conflicted with powers guaranteed to political parties under the Constitution. It also held that a subsidiary law could not disqualify an individual who had already met the qualifications prescribed by the Constitution.
INEC subsequently appealed the judgment to the Supreme Court. Last Wednesday, a seven-member panel led by Justice Adamu Jauro heard arguments in the case before reserving judgement for a date to be communicated to the parties.
Reacting to the legal dispute, Hashim, who is also Co-Chairman of the Movement for Democratic Renewal, argued that actions taken by INEC under provisions subsequently declared inconsistent with the Constitution should not stand pending the Supreme Court’s final determination.
He questioned why the electoral commission was seeking to sustain the disputed provisions through its appeal.
‘The Constitution is supreme. The National Assembly makes laws. INEC administers elections. INEC is not the Parliament and INEC did not make the Constitution.
‘So when a competent Court of Appeal declares specific provisions of an Electoral Act inconsistent with the Constitution, why is INEC fighting in court to restore those provisions rather than working with relevant political parties to address previous infractions’? he said.
Hashim said his criticism was not directed at INEC’s constitutional right to appeal, but at what he described as the institutional implications of the commission’s position.
‘Of course, INEC can appeal. The issue is not whether it has the right to appeal. The question Nigerians should ask is; ‘what institutional interest does the electoral umpire have in sustaining provisions which a competent appellate court has declared inconsistent with the Constitution’?’ he wondered.
He further questioned whether the situation raised concerns about INEC’s role as an electoral umpire.
Hashim described INEC’s actions as a threat to Nigeria’s democratic order and called for the commission to be reconstituted ahead of the 2027 general election.
He said the development reinforced his earlier warning that the 2027 electoral process could become a “coronation” rather than a genuine democratic contest.
‘We warned ever before now that what INEC seeks to do in 2027 is a coronation, not an election’, he said.
Hashim argued that democracy extended beyond election day, saying citizens and members of political parties must be able to participate meaningfully in the selection of candidates and leaders.
‘An election means that citizens and members of political parties genuinely participate in choosing their candidates and ultimately their leaders.
‘A coronation is the presentation of a predetermined choice for public endorsement through a process that constricts rather than widens the political space’, he said.
He also criticised what he described as the silence of some opposition candidates and major media organisations over the Court of Appeal judgement and the subsequent Supreme Court proceedings.
Hashim questioned why the constitutional issues raised by the case had not received more sustained public attention, particularly given their potential implications for political parties and candidate nomination ahead of the 2027 elections.
‘How can a Court of Appeal judgement declaring portions of the Electoral Act unconstitutional, followed by an appeal by INEC to the Supreme Court, not be one of the biggest stories in Nigeria’? he asked.
He urged Nigerians to pay attention to the case while respecting the independence of the judiciary.
‘The case is now before the Supreme Court. The parties have argued their positions. Judgement has been reserved’, Hashim said.
He stressed that his intervention was not solely motivated by his political ambitions, saying he had consistently advocated for democratic governance.
‘I am not just a politician. I am first and foremost a crusader for the establishment and sustenance of the democratic order’, he said.
Hashim said he would continue to pursue the matter through lawful and constitutional channels and work with individuals, political parties and organisations committed to democratic governance.
He ultimately called for INEC to be disbanded and reconstituted, arguing that Nigeria needed an electoral commission that was constitutionally grounded, professionally competent, transparent and independent.
‘I believe INEC should be disbanded and reconstituted.
‘This is not a call to abolish elections or destroy electoral administration. It is a call to rebuild the institution responsible for conducting our elections’, he said.
Hashim added that INEC’s primary responsibility should be to uphold the Constitution and protect the democratic choices of Nigerians.
‘The 2027 election must not become a ceremony for endorsing decisions already made elsewhere.
‘It must be an authentic democratic contest in which the constitutional rights of political parties, candidates and voters are upheld’, he said.
The Supreme Court’s eventual judgement will determine the status of the disputed provisions of the Electoral Act 2026.
